November 14, 2013

ROLL CALL:                                                                         

                                            President:                                Rodney Fong

            Vice-President:                      Cindy Wu

                                            Commissioners:                    Michael J. Antonini; Gwyneth Borden; Rich Hillis;

                                                                                                Kathrin Moore; Hisashi Sugaya

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.                   2008.1122E                                                                                              (T. JOHNSTON: (415) 575-9035)

SAN FRANCISCO GROUNDWATER SUPPLY PROJECT – Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the San Francisco Groundwater Supply Project (Groundwater Supply Project), which would provide an average of up to 4 million gallons per day of groundwater to augment San Francisco’s municipal water supply. All of the proposed groundwater well facilities would supply groundwater to existing reservoirs, where it would be blended with San Francisco’s existing municipal water supply before distribution within the city. All project components would be located on the west side of San Francisco on land owned by the City and County of San Francisco. The well facilities would be managed by the SFPUC, including those located on land currently managed by the San Francisco Recreation and Park Department. The proposed Groundwater Supply Project is one of several projects that the SFPUC proposes to implement under the SFPUC’s Water System Improvement Program to meet system objectives and service goals.   

Preliminary Recommendation: Certify the Environmental Impact Report

                (Proposed for Continuance to December 19, 2013)

 

2.                   2013.1368T                                                                                              (S. HAYWARD; (415) 558-6372)

AMENDMENTS TO THE PLANNING CODE TO ALLOW AN EXISTING TOURIST HOTEL TO RENT ROOMS TO HOMELESS VETERANS FOR A PERIOD OF TIME WITHOUT ABANDONING THE TOURIST HOTEL USE CLASSIFICATION [BOARD FILE NO. 13-0862] -  Ordinance introduced by Supervisor Campos adding Planning Code Section 205.5 to establish a new Temporary Use category focused on supportive housing for homeless veterans participating in the federally funded Housing and Urban Development (HUD) - Veterans Affairs Supportive Housing (VASH) program.  The amendment would allow all or some of the rooms of a Tourist Hotel, as defined in Planning Code Section 790.46, to be occupied by veterans participating in the HUD-VASH program without the Tourist Hotel use being considered to have been abandoned; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: Adopt a Recommendation for Approval

                (Proposed for Continuance to January 23, 2014)

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

 

3.                   2013.1227Q                                                                                           (C. LAMORENA: (415) 575-9085)

138-146 BEULAH STREET - north side of Beulah Street between Stanyan and Shrader Streets; Lot 014 in Assessor’s Block 1250 - Request for Condominium Conversion Subdivision to convert a three-story building at the front of the property and a two-story building at the rear of the property, each containing three dwelling units (six dwelling units total), into residential condominiums within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Preliminary Recommendation: Approve

 

4.                   2013.1316Q                                                                                           (C. LAMORENA: (415) 575-9085)

1865 CLAY STREET - south side of Clay Street Street between Franklin Street and Van Ness Avenue; Lot 008 in Assessor’s Block 0623 - Request for Condominium Conversion Subdivision to convert a three-story over garage, six-unit building into residential condominiums within a RM-3 (Residential, Mixed, Moderate Density) Zoning District and 105-D Height and Bulk District.

Preliminary Recommendation: Approve

 

C.         COMMISSION MATTERS

 

5.             Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

 

D.         DEPARTMENT MATTERS

 

6.             Director’s Announcements

               

7.             Review of Past Week’s Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

                                               

8.                                                                                                                                        (K. GUY:  (415) 558-6163)

535 MISSION STREET - Informational – Public Art Presentation

 

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  However, for items where public comment is closed this is your opportunity to address the Commission.  With respect to all other agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

F.            REGULAR CALENDAR 

 

9.             2011.0471E                                                                                             (B. BOLLINGER: (415) 575-9024)

1111 CALIFORNIA STREET (MASONIC CENTER) - Assessor’s Block 0253 Lot 020 - Certification of the Final Environmental Impact Report. The Masonic Center is located at the southwest corner of California and Taylor Streets, in the Nob Hill neighborhood.  The project block is bound by California, Taylor, Pine and Jones Streets. The proposed Project would renovate the existing Auditorium, and ground-floor California Room, Exhibition Hall, and catering kitchen. The maximum allowable number of large events (over 250 attendees) would increase from 230 to 315 events.  The Auditorium ground floor seats would be removed increasing the maximum capacity from 3,166 to 3,300 patrons. The existing building capacity of 4,674 persons would not change with the proposed project.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on November 2, 2010. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission Agenda.

Preliminary Recommendation: Certify the Final EIR

10.          2013.0834C                                                                                                          (K. GUY:  (415) 558-6163)

1111 CALIFORNIA STREET - southwest corner at Taylor Street, Lot 020 of Assessor’s Block 0253 -  Request for Conditional Use Authorization to change the existing legal nonconforming entertainment use of the “Nob Hill Masonic Center” to a conditionally permitted Other Entertainment use, pursuant to Planning Code Sections 182(b)(1), 303, and 723.48. The requested Conditional Use Authorization would also upgrade the existing catering kitchen to a commercial kitchen, and would add five permanent accessory food and beverage service stations for patrons of entertainment and assembly events, pursuant to Planning Code Section 238(d). No exterior modifications are proposed by this project. The project includes alterations to the main floor of the Masonic Auditorium to remove the existing fixed seats and provide a flexible range of audience configurations (tables and chairs, fixed seating or general admission) which would increase the maximum audience capacity of the Auditorium from 3,166 persons to 3,300 persons. The project also includes a reconfiguration of the existing auditorium stage, as well as installation of new sound and lighting systems. The facility would host a maximum of 79 large live entertainment events per year (defined as events with more than 250 attendees). Of these 79 events, the facility would host a maximum of 54 music concerts per year. The project site is located within a RM-4 (Residential, Mixed, High Density) District, the Nob Hill Special Use District, and 65-A Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

 

11a.        2013.0256XV                                                                                                       (K. GUY:  (415) 558-6163)

41 TEHAMA STREET - south side between 1^st and 2^nd Streets, Lots 74-77 & 78A of Assessor’s Block 3736 - Request for Downtown Project Authorization, including Requests for Exceptions, pursuant to Planning Code Section (“Section”) 309. On November 29, 2012, the Planning Commission approved a Downtown Project Authorization and Requests for Exceptions pursuant to Section 309, for a proposal to demolish an existing surface parking lot, and construct a new 31-story building, reaching a roof height of 318 feet, with a mechanical enclosure reaching a height of 342 feet, containing approximately 325 dwelling units, 700 square feet of retail space, and 241 off-street parking spaces. In addition, the Zoning Administrator issued a Variance Decision Letter granting Variances for the project from Planning Code requirements for dwelling unit exposure (Section 140), active street frontages (Section 145.1), and vehicular entry width (Section 145.1) (Case No. 2008.0801EVX). The Project proposes to amend the previous approvals to add four additional floors containing an additional 73 dwelling units, reaching a roof height of 360 feet with a mechanical enclosure reaching a height of 380 feet. The amended project requires a Downtown Project Authorization, with requested exceptions to the requirements for separation of towers (Section 132.1), rear yard (Section 134), ground-level wind currents (Section 148), and bulk limitations (Sections 270 and 272).  The Project Site is located within a C-3-O(SD) District, the Transbay C-3 Special Use District, and 360-S Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

 

11b.        2013.0256XV                                                                                                       (K. GUY:  (415) 558-6163)

41 TEHAMA STREET - south side between 1^st and 2^nd Streets, Lots 74-77 & 78A of Assessor’s Block 3736 - Request for a Variance, pursuant to Planning Code Section (“Section”) 305, from the Planning Code requirements for dwelling unit exposure (Section 140).  On November 29, 2012, the Planning Commission approved a Downtown Project Authorization and Requests for Exceptions pursuant to Planning Code Section 309, for a proposal to demolish an existing surface parking lot, and construct a new 31-story building, reaching a roof height of 318 feet, with a mechanical enclosure reaching a height of 342 feet, containing approximately 325 dwelling units, 700 square feet of retail space, and 241 off-street parking spaces. In addition, the Zoning Administrator issued a Variance Decision Letter granted Variances for the project from Planning Code requirements for dwelling unit exposure (Section 140), active street frontages (Section 145.1), and vehicular entry width (Section 145.1) (Case No. 2008.0801EVX). The Project proposes to amend the previous approvals to add four additional floors containing an additional 73 dwelling units, reaching a roof height of 360 feet with a mechanical enclosure reaching a height of 380 feet. The project requires a Variance from the Planning Code requirements for dwelling unit exposure (Section 140). The Project Site is located within a C-3-O(SD) District, the Transbay C-3 Special Use District, and 360-S Height and Bulk District.

 

12.          2011.0499C                                                                                                    (O. MASRY: (415) 575-9116)

2395 26^th AVENUE - at the northwest corner of Taraval Street and 26^th Avenue, Lot 008A in Assessor’s Block 2355 - Request for Conditional Use Authorization under Planning Code Sections 741.83 and 303 for a macro wireless telecommunications services (WTS) facility operated by AT&T Mobility.  The proposed macro WTS facility would consist of six panel antennas housed within faux roof-mounted vent pipes. Related electronic equipment would be placed on the rooftop, and within an existing parking garage. The facility is proposed on a Location Preference 6 Site (Limited Preference) within the Taraval Street Neighborhood Commercial District, Taraval Street Restaurant Sub district, and 65-A Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Meeting of October 17, 2013)

 

13.          2012.0718E                                                                                        (D. ALUMBAUGH: (415) 558-6601)

EVENT CENTER AND MIXED-USE DEVELOPMENT AT PIERS 30-32 AND SEAWALL LOT 330 - Blocks/Lots: Piers 30-32 - 9900/030 & 9900/032, Seawall Lot 330 - 3770/002 & 3771/002 - Informational Item, Updated Project Design, GSW Arena LLC (GSW) proposes to construct a multi-purpose event center, public open space, maritime uses, a parking facility and visitor-serving retail uses on Piers 30-32. The event center would host the Golden State Warriors NBA basketball team during the NBA season, as well as provide a year-round venue for a variety of other uses, including concerts, cultural events, family shows, conferences and conventions. The project would include substantial repair and structural upgrades to Piers 30-32. GSW also proposes to construct a mixed-use development including residential, hotel and retail uses on Seawall Lot 330, located directly across The Embarcadero from Piers 30-32.

Preliminary Recommendation: None - Informational

 

14.          2012.0759DV                                                                                           (G. CABREROS: (415) 558-6169)

2526 CALIFORNIA STREET/33 PERINE PLACE - north side of California Street between Steiner and Pierce Streets; Lot 006 in Assessor’s Block 0634 - Request for Discretionary Review of Building Permit Application Nos. 2012.06.11.2336 and 2012.06.11.2329 proposing to construct two, four-story, two-unit buildings – one building per street frontage on a through lot – within the Upper Fillmore Neighborhood Commercial Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve.

NOTE:  Variance Case No. 2012.0759V for the project was heard by the Zoning Administrator on June 26, 2013.  The Zoning Administrator has taken the variance under advisement, and a decision is pending the Commission’s action on the Discretionary Review request.

 

15.          2013.0959D                                                                                             (G. CABREROS: (415) 558-6169)

1040 BRODERICK STREET - east side between Eddy and Turk Streets; Lot 031 in Assessor’s Block 1129 - Request for Discretionary Review of Building Permit Application No. 2013.03.05.1549 proposing to construct a three-story rear horizontal extension to the existing two-story-over-basement, single-family residence within a RM-3 (Residential, Mixed, Medium Density) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

G.         PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception.  When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar.  Each member of the public may address the Commission for up to three minutes.

 

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the commission is limited to:

 

(1)  responding to statements made or questions posed by members of the public; or

(2)  requesting staff to report back on a matter at a subsequent meeting; or

(3)  directing staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

 

Adjournment

Hearing Procedures

The Planning Commission holds public hearings regularly, on most Thursdays. The full hearing schedule for the calendar year and the Commission Rules & Regulations may be found online at: www.sfplanning.org.

 

Public Comments: Persons attending a hearing may comment on any scheduled item.

v  When speaking before the Commission in City Hall, Room 400, please note the timer indicating how much time remains.  Speakers will hear two alarms.  The first soft sound indicates the speaker has 30 seconds remaining.  The second louder sound indicates that the speaker’s opportunity to address the Commission has ended.

 

Sound-Producing Devices Prohibited: The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

 

For most cases (CU’s, PUD’s, 309’s, etc…) that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

 

1.        Presentation by Staff;

2.        Presentation by the Project Sponsor’s Team (which includes: the sponsor, representative, legal counsel, architect, engineer, expeditor and/or any other advisor) for a period not to exceed fifteen (15) minutes, at the discretion of the Chair;

3.        Public testimony from supporters of the Project not to exceed three (3) minutes, at the discretion of the Chair;

4.        Presentation by Organized Opposition recognized by the Commission President through written request prior to the hearing for a period not to exceed fifteen (15) minutes, at the discretion of the Chair;

5.        Public testimony from opponents of the Project not to exceed three (3) minutes, at the discretion of the Chair;

6.        Staff follow-up and/or conclusions;

7.        Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;

8.        A motion to approve; approve with conditions; approve with amendments and/or modifications; disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.

 

Every Official Act taken by the Commission must be adopted by a majority vote of all members of the Commission, a minimum of four (4) votes.  A failed motion results in the disapproval of the requested action, unless a subsequent motion is adopted. Any Procedural Matter, such as a continuance, may be adopted by a majority vote of members present, as long as the members present constitute a quorum (four (4) members of the Commission).

 

For Discretionary Review cases that are considered by the Planning Commission, after being introduced by the Commission Secretary, shall be considered by the Commission in the following order:

 

1.        Presentation by Staff;

2.        Presentation by the DR Requestor(s), not to exceed five (5) minutes per Requestor, at the discretion of the Chair;

3.        Public testimony from opponents of the Project not to exceed three (3) minutes, at the discretion of the Chair;

4.        Presentation by the Project Sponsor for a period of five (5) minutes not to exceed fifteen (15) minutes, whenever there are multiple DR requests, at the discretion of the Chair;

5.        Public testimony from supporters of the Project not to exceed three (3) minutes, at the discretion of the Chair;

6.        Rebuttal by the DR Requestor(s), not to exceed two (2) minutes per Requestor, at the discretion of the Chair;

7.        Rebuttal by the Project Sponsor, not to exceed two (2) minutes, at the discretion of the Chair;

8.        Staff follow-up and/or conclusions;

9.        Public comment portion of the hearing shall be closed and deliberation amongst the Commissioners shall be opened by the Chair;

10.     A motion to Not Take DR and approve the Project as proposed; or to Take DR and approve the Project with conditions, with amendments and/or modifications; or to Take DR and disapprove; or continue to another hearing date, if seconded, shall be voted on by the Commission.

 

The Commission must Take DR in order to disapprove or modify a building permit application that is before them under Discretionary Review.  A failed motion to Take DR results in a Project that is approved as proposed.

 

 

 

 

Hearing Materials

Materials submitted to the Planning Commission prior to a scheduled hearing will become part of the public record only when the materials are also provided to the Commission Secretary and/or Project Planner.  Correspondence may be emailed directly to the Commission Secretary at: commissions.secretary@sfgov.org. 

 

Persons unable to attend a hearing may submit written comments regarding a scheduled item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Written comments received by the close of the business day prior to the hearing will be brought to the attention of the Planning Commission and made part of the official record. 

 

Advance Submissions: To allow Commissioners the opportunity to review material in advance of a hearing, materials must be received by the Planning Department reception eight (8) days prior to the scheduled public hearing.  All submission packages must be delivered to1650 Mission Street, Suite 400, by 5:00 p.m. and should include fifteen (15) copies.

 

Day-of Submissions: Material related to a calendared item may be distributed at the hearing. Please provide ten (10) copies for distribution. 

 

Appeals

The following is a summary of appeal rights associated with the various actions that may be taken at a Planning Commission hearing.

 

Case Type	Case Suffix	Appeal Period*	Appeal Body
Office Allocation	B	15 calendar days	Board of Appeals**
Conditional Use Authorization and Planned Unit Development	C	30 calendar days	Board of Supervisors
Building Permit Application (Discretionary Review)	D	15 calendar days	Board of Appeals
EIR Certification	E	30 calendar days	Board of Supervisors
Coastal Zone Permit	P	15 calendar days	Board of Appeals
Planning Code Amendments by Application	T	30 calendar days	Board of Supervisors
Variance (Zoning Administrator action)	V	10 calendar days	Board of Appeals
Permit Review in C-3 Districts, Downtown Residential Districts and Large Project Authorization in Eastern Neighborhoods	X	15 calendar days	Board of Appeals
Zoning Map Change by Application	Z	30 calendar days	Board of Supervisors

 

* Appeals of Planning Commission decisions on Building Permit Applications (Discretionary Review) must be made within 15 days of the date the building permit is issued/denied by the Department of Building Inspection (not from the date of the Planning Commission hearing).  Appeals of Zoning Administrator decisions on Variances must be made within 10 days from the issuance of the decision letter.

 

**An appeal of a Certificate of Appropriateness or Permit to Alter/Demolish may be made to the Board of Supervisors if the project requires Board of Supervisors approval or if the project is associated with a Conditional Use Authorization appeal.  An appeal of an Office Allocation may be made to the Board of Supervisors if the project requires a Conditional Use Authorization.

 

For more information regarding the Board of Appeals process, please contact the Board of Appeals at (415) 575-6880.  For more information regarding the Board of Supervisors process, please contact the Clerk of the Board of Supervisors at (415) 554-5184 or board.of.supervisors@sfgov.org.

 

Challenges: Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

 

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code: If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16.  This appeal is separate from and in addition to an appeal of an action on a project.  Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA.  For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184.  If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.